House Bill No. 286

Introduced By _______________________________________________________________________________



A Bill for an Act entitled: "An Act requiring the department of commerce to inspect elevators, escalators, dumbwaiters, including dumbwaiters with automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts to ensure compliance with the state building code; and amending sections 50-60-701, 50-60-702, and 50-60-703, MCA."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 50-60-701, MCA, is amended to read:

"50-60-701.   Inspection of passenger elevators, and escalators, dumbwaiters, including dumbwaiters with automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts -- fees. (1) All passenger elevators, and escalators, dumbwaiters, including dumbwaiters with automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts in public places may must be inspected by the department to insure ensure compliance with the requirements of the state building code. The department shall establish and charge a reasonable and uniform fee for the inspections that may not exceed the expense of providing the inspection.

(2)  In lieu of inspection by the department, inspections of passenger elevators and escalators to assure ensure compliance with the state building code may be made by:

(a)  a maintenance company representative certified by the department who regularly maintains or services the elevator or escalator equipment subject to the provisions of this part; or

(b)  an insurance company representative certified by the department who regularly inspects an elevator or escalator equipment, subject to the provisions of this part, that is insured by the company against public liability and who if the company maintains a service record of the elevator or escalator on the equipment.

(3)  When an inspection of a passenger elevator or escalator is made pursuant to subsection (2), a copy of the condition report must be provided to the owner and must be sent to the department. The department may not charge more than $10 for receiving and processing a condition report for each elevator or escalator individual piece of equipment in any a building and for issuing certificates a certificate of inspection therefor for the piece of equipment if the certified maintenance or insurance company inspector doing the inspection certifies to the department that all deficient elevator or escalator conditions noted in the condition report have been corrected and no follow-up that followup by the department in that regard is not necessary."



Section 2.  Section 50-60-702, MCA, is amended to read:

"50-60-702.   Department to adopt inspection standards -- certification of inspectors. (1) The department shall adopt standards for passenger elevator and escalator inspections inspection of equipment subject to the provisions of this part. that assure The standards must ensure compliance with the requirements of the state building code.

(2)  The department shall adopt rules for the certification of maintenance and insurance company inspectors who may inspect, as provided in 50-60-701, passenger elevators and escalators equipment subject to the provisions of this part pursuant to 50-60-701."



Section 3.  Section 50-60-703, MCA, is amended to read:

"50-60-703.   When inspection of elevators not necessary. Elevators that do not carry passengers do not need to Equipment that is located in any building or structure, that is subject to the provisions of this part, and that is operated by an employee or by the public must be inspected by the department."

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